How can a judge expect me to pay $6k a month restitution when I can’t find a job and afford it?
I’m on probation and signed a plea deal to pay restitution in the amnt of $500 for the first 6 mos., 1k for the next 6 mos., then the rest to be determined. Now the judge is saying I have to pay $6k a month and that it was part of my plea deal. If I don’t pay it I go to prison. My lawyer got a modification hearing to reduce the payments to $1k a month for the remainder of my 5 yrs. Judge and Prosecutors denied it. Can the judge send me to prison for not being able to pay $6k a month?! I can’t even find a job now with felonies on my record. I’m not willfully not paying, I just don’t have the money! What can I do so she doesn’t violate me for not being able to afford the amnt they are saying was on my plea deal?! It said to be determined , not $6k a month! Please help?!
It is a due process violation for a judge to incarcerate someone for not paying a fine or restitution when they don't have the money. I don't know if the judge is unaware of that law or doesn't believe that you don't have the funds to pay.
You need a good lawyer to file a motion to amend the payment schedule. That motion should cite the Supreme Court law that says no one can be locked up for being unable to make a payment. If you lose before the trial judge, you should appeal.
We don't know what you agreed to. Your lawyer does. Ask them. If necessary, your lawyer can file a motion to amend.
DO NOT EMAIL OR CALL WITH FOLLOW UP QUESTIONS. I will not respond. This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Question: Can the judge send me to prison for not being able to pay $6k a month?
ANSWER: Your lawyer is the suitable person to answer your questions as he knows your original case facts, evidence, sentencing orders, remedial factors and the agreed upon plea details. Generally, a judge can. Contact the Ohio State Bar for second opinions with your original case facts and the sentencing orders. https://www.ohiobar.org/public-resources/lawyer-referral-services/
Disclaimer: Avvo's Q&A forum is intended for simple questions and answers and for the instructions on the next step in a legal issue. Hire a lawyer for complex matters. https://www.avvo.com/find-a-lawyer…The above avvo answer is a pro bono answer and not legal advice and doesn’t establish a lawyer-client relationship. I am not your lawyer. Further, without a legal services contract/a retainer agreement, a lawyer has no mandatory legal obligation to provide advice.
